Ord. 509-077 08-12-96ORDINANCE NO. 509-77
AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING
ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT
ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE
OF GRANTING A SPECIFIC USE PERMIT TO ALLOW FOR AN EXISTING
SINGLE FAMILY DWELLING LOCATED IN A GENERAL BUSINESS
DISTRICT ON 9,022 ACRES OF LAND, OUT OF LOT 27 OF THE ALLISON-
RICHEY GULF COAST HOME COMPANY'S SUBDIVISION OF SECTION
NO. 21, H.T. & B.R.R. CO. SURVEY, ABSTRACT NO. 309, ACCORDING TO
A MAP OR PLAT OF SAID SUBDIVISION RECORDED IN BOOK 2, PAGES
23 AND 24 OF THE MAP OR PLAT RECORDS OF BRAZORIA COUNTY,
TEXAS; SAID TRACT OF LAND BEING THE REMAINDER OF LOT 27
AFTER A 0.978 ACRE TRACT OF LAND WAS CONVEYED TO THE STATE
OF TEXAS, AS RECORDED IN VOLUME 1552, PAGE 997 OF THE
BRAZORIA COUNTY DEED RECORDS (2718 OLD CHOCOLATE BAYOU
ROAD) AT THE REQUEST OF AGNES M. VIADA, OWNER, PROVIDING
FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING
A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE;
AND OTHER PROVISIONS RELATED TO THE SUBJECT.
WHEREAS, Agnes M. VIada, .owner, filed on May 22, 1996, an application for a
Specific Use Permit pursuant to Section 23 of Ordinance No. 509, the Land Use and
Urban Development Ordinance of the City, for approval of a Specific Use Permit to allow
for an existing single family dwelling in a General Business Distdct upon a certain tract
and parcel of land within the territorial limits of said City, such land being fully described
in the odginal application for Specific Use Permit attached hereto and made a part hereof
for all purposes as "Exhibit A"; and,
WHEREAS, on the 8th day of July, 1996, a joint public headng was held before
the Planning and Zoning Commission and the City Council of the City of Pearland, Texas,
notice being given by publication in the official newspaper of the City, the affidavit of
publication being attached hereto and made a part hereof for all purposes, as "Exhibit
B", said call and notice being in stdct conformity with provisions of Section 28.3 and 28.4
of Ordinance No. 509; and
WHEREAS, on the 9th day of July, 1996, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the
proposed application of Agnes M. Viada, owner, whereby the Commission recommended
and approved the issuance of a Specific Use Permit to allow for an existing single family
dwelling in a General Business District (GB); and
WHEREAS, upon the receipt of the report from the Planning and Zoning
Commission, the City Council considered this application, and concurred with the
recommendation of the Planning and Zoning Commission, at its regular meeting on July
22, 1996; and
WHEREAS, the City Council having fully heard the testimony and argument of all
interested parties, having been fully advised in the premises, finds that in the case of the
application of Agnes M. Viada, owner, facts were presented which, in the judgment of
the City Council, would justify the approval of said application, it is therefore,
ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
I.
There is hereby issued a Specific Use Permit to allow for an existing single family .
dwelling upon the following described property located within the corporate limits of the
City of Pearland, Texas, and presently classified as a General Business Distdct (GB):
Being 9.022 acres of land, out of Lot 27 of the Allison-Richey Gulf Coast
Home Company's Subdivision of Section No. 21, H.T. & B.R.R. Co. Survey,
Abstract No. 309, according to a map or plat of said Subdivision recorded
in Book 2, Pages 23 and 24 of the map or plat records of Brazoda county,
Texas, said tract of land being the remainder of Lot 27 after a 0.978 acre
tract of land, was conveyed to the State of Texas, as recorded in'Volume
1552, Page 997 of the Brazoda County Deed Records. (2718 Old Chocolate
Bayou Rd.)
2
II.
The City Council of the City of Pearland finds and determines that the recitations
in the preamble hereof are true and that all necessary prerequisites of law have been
accomplished and that no valid protest of the proposed change has been made. The
City Council further finds and determines that there has been compliance with the
mandates of law in the posting and presentation .of this matter to the Planning and
Zoning Commission and to the City Council for consideration and decision.
III.
The City Council of the City of PeaHand finds and determines that the Specific Use
Permit granted herein promotes the health, safety, morals, and general welfare of the
public and is a proper valid exercise of the City's police powers.
IV.
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance
is for any reason held invalid or unconstitutional by any court of competent jurisdiction,
such portion shall be deemed a separate, distinct, and independent provision and such
holding shall not affect the validity of the remaining portions thereof.
V.
All dghts and remedies which have accrued in the favor of the City under this
Ordinance and its amendments thereto shall be and are preserved for the benefit of the
City.
The City Secretary is hereby directed to cause to be prepared an amendment to
the official Land Use Distdct Map of the City pursuant to fie provisions of Section 2 of
Ordinance No. 509, and consistent with the approval herein granted for the issuance of
a Specific Use Permit.
ORDINANCE NO. 509-77
PASSED, APPROVED, and ADOPTED on the first reading this
.~ ,1996.
Tom Reid, Mayor
ATTEST:
o~~ay of
yol~?a~C. Ben~jS"itez~,'~
day of
PASSED, APPROVED, and ADOPTED on second and final reading this
~~f~ , 1996.
Tom Reid, Mayor
ATTEST:
~daC.J~Benite~z,'~
APPROVED AS TO FORM:
Amy ~0tes McCullough, ~
\
__/______ Change in Zoning Classification from: ~ T3 to: (~)"~ IS ~
Change in Regulations in Section #:
Specific Use for:
Property address:
Lot:/.~T
Metes & Bounds Description:
(unplatted property only; attach survey)
Tax I.D. number:
Proposed use of land within requested designation:
Record owner's name:
Owner's mailing address:
Owner's telephone nmber:
AC?.!V.,~.5 /,v). V/,aOZ2;~
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Agent's name:
Agent's mailing address:
Agent's telephone number:
PETITION: As owner/agent, I hereby petition the City for approval of the above described request as
provided by the laws of the State of Texas and Ordinances of the City of Pearland. *On a Specific Use
Permit request to allow ~ residential use in a business zone (OP, NS, GB), I acknowledge that such use
may be incompatible with current and future uses on properties in my vicinity.
Received by:/t~'~fl~ '
Agent's signature:
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EXHIBIT "B"
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
i, Joan Cummings, hereby certify that the notice hereby appended was published
in Brazoria and Harris COunties in the REPORTER NEWS, a newspaper of general
circulation in Brazoria and Harris Counties, for } issues, as follows:
No, // Date C'/~
N o. Date 19 __
N o. Date 19 __
No. Date 19 __
No. Date 19 __
Subscribe and worn to before me this
Editor
day of
Laura Ann Emmons, Publisher
EXHZBZT "B"